KALAWATI Vs. PARTAP SINGH (D) THROUGH LRS

JUDGEMENT

(1.) This revision petition has come up for hearing on the recommendations of commissioner, Shimla Division. The Commissioner has recommended that the orders dated 17.10.1996 and 27.05.1997 passed by the Assistant Collector IInd grade and Collector respectively be set aside and the directions be issued to the Assistant Collector IInd to attest the mutation afresh after affording due opportunity to the petitioner.

(2.) The facts of the case in brief are that the Assistant Collector IInd grade, Shimla (Rural) attested mutation No. 1230 on 17.10.1996 in favour of Shri Pratap Singh present respondent on the basis of : relinquishment deed purported to be executed by Smt Kalawati, petitioner.

(3.) Against this order of the Assistant Collector IInd grade dated 17.10.1996, the petitioner filed an appeal before the Collector Sub -Division, Shimla (Rural) on the grounds that the impugned order of the Assistant collector passed on mutation No. 1230 of Mauza Patti Rihana was illegal, wrong, unjust and without jurisdiction and contrary to the facts of the case as the order had been passed at the back of the petitioner and as such she was condemned unheard and that the documents on the basis of which the impugned mutation was entered and attested was without her consent and knowledge. It was contended that had the petitioner wanted to give up her share of land, she would have given the same in favour of her all brothers. The present respondent prepared the alleged deed of transfer of land by relinquishment by fraud and misrepresentation.